Our Lawyers made us do it. Terms of Use Welcome to RequestAtext! Briefly, RequestAtext. provides mobile coupons (SMS) by way of its website located at www.requestAtext, mobile.requestAtext, or text opt-in "keyword" to 411NOW. The following "Terms of Use" constitutes an agreement between RequestAtext. ("RequestAtext," the "Service" or "our", "us" or "we") and you, the visitor, member, advertiser or business owner collectively, including all content available through RequestAtext. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. USE OR ACCESS OF THIS WEBSITE WILL BE AN INDICATION THAT YOU AGREE TO EACH OF THE TERMS AND CONDITIONS PROVIDED HEREIN ("TERMS OF USE"). IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE FOR ANY PURPOSE. 1. Acceptance of Terms and Conditions Use of this Website assumes that you fully accept and agree to the Terms of Use set forth in this document. These Terms of Use also state that by submitting your personal information, you are certifying you have read, understand and agree to our Terms of Use as well as our Privacy Policy. 2. Proprietary Rights This Website is owned and operated by RequestAtext, and contains material that is protected by copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this Website including code and software without the express written permission of RequestAtext. RequestAtext reserves the right, in its sole discretion, and at anytime, to update and change the "Terms of Use" without notice to you, and such changes will be effective immediately upon posting. Please review the Terms of Use regularly so that you will be apprised of any modifications. Modifications to the Terms of Use will be effective upon posting to the Website. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below. If you breach any of these Terms of Use, your right to use this Website will terminate automatically. If any modification is not acceptable to you, your only recourse is to cease to use the Website. 3. General Website Content These Terms of Use apply to all users of the Website, Mobile Website &Text opt-in, including users who are also contributors of recommendation and other materials or services on the Website, if applicable. The Website may contain links to third party websites that are not owned or controlled by RequestAtext. RequestAtext has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, RequestAtext will not and cannot censor or edit the content of any third-party website. By using the Website, you expressly relieve RequestAtext from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit. In addition, you acknowledge that the coupons available through RequestAtext and all of our other interactive services are offered on an "AS IS" basis. As a result, you understand that RequestAtext is not responsible for the accuracy or reliability of any content or coupon passing through RequestAtext by advertisers. RequestAtext may contain links to third party websites, applications, or programs that are not controlled by or affiliated with RequestAtext . As a result, RequestAtext is not responsible for the content, offers or privacy policies of such websites, applications, or programs. You will not disrupt the functioning of RequestAtext system or otherwise act in a way that interferes with other users' use of RequestAtext. RequestAtext may transfer non-personally identifiable search information to third parties for the purpose of presenting visitors with targeted advertisements. Any visitor may contact us for information on how to opt out at any time. We provide links to other World Wide Web sites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for any aspects of those sites, including their availability, content, accuracy, legality or delivery of services. You waive any claim resulting from your exposure to material on or through RequestAtext that is offensive, indecent, or otherwise objectionable. 4. Website Access for Consumers A. RequestAtext hereby grants you permission to use the Website as set forth in this Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without our prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use. B. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to any submissions made by them. 5. Participation at Your Own Risk By using RequestAtext and any of our other interactive services, you agree that you will solely assume all risk associated with any actions you take in response to, or under the advice of, the content made available through RequestAtext. You further understand that RequestAtext does not guarantee that any coupon is or will be valid or honored by any business or advertiser. By using this Website, you also agree to indemnify, defend and hold RequestAtext harmless from any loss or damages associated with the coupons and/or content made available through this service. 6. Customer interactions with businesses, merchants, or organizations hereinafter referred to as "Business" Your interactions, including payment and delivery of goods, services or information, with each vendor or advertiser which offers a coupon on the Website (each a "Business") are solely between you and the Business. You agree that RequestAtext shall not be responsible or liable for any loss or damage of any sort, incurred as a result of any such business dealings. RequestAtext shall make commercially reasonable efforts to ensure the integrity of all offers made available though the Website, but we do not guarantee in any way that a particular coupon offer will be valid or that it will be honored by the Business offering such promotion. By your use of this Website, you will not acquire any intellectual property or similar rights in the Website or related products and services. You agree you will not (i) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website or related products and services; or (ii) use RequestAtext 's name, logo, trademark, trade names or service marks except as expressly permitted in the Terms of Use without RequestAtext 's prior written consent. You agree to not engage in the use, copying, or distribution of any of the Information other than expressly permitted herein, including any use, copying, or distribution of Information obtained through the Website for any commercial purposes. If you download or print a copy of the Information for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Information or enforce limitations on use of the Website or the Information therein. You accept to waive any claim related to the inclusion, placement, exclusion, or removal of any coupon or promotional details in the RequestAtext directory and to grant RequestAtext a non-exclusive, royalty-free license to use, publish, copy, edit, modify, or create derivative works from your submission. 7. Integrity of Content and/or coupon You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the Information. You agree not to add to, subtract from, or otherwise modify the Information. You agree not to use the Website in any manner that might interfere with the rights of RequestAtext or any third party. 8. (SMS) Mobile Coupon Feature RequestAtext provides SMS mobile coupon service to you free of charge. However, you understand that when you use the RequestAtext SMS mobile coupon service, you will be subject to charges imposed by your wireless carrier or other Internet provider, as applicable. Payment of such charges shall be your sole responsibility. Additionally, you also understand that RequestAtext does not guarantee that the mobile coupon feature will function or that mobile coupons will work with all wireless carriers or cell phones. 9. Privacy Policy RequestAtext is committed to protecting the privacy of our users. As such, these Terms of Use state that by submitting your personal information, you are certifying you have read, understand and agree to our Terms of Use as well as our Privacy Policy. Our Privacy Policy can be accessed and reviewed here; [www.RequestAtext.com/privacy]. Again, if you do not agree to any of these terms, then please do not use the Website. 10. Disclaimer A. Your use of the Website is at your sole discretion and risk. The Website, and all materials, information, products and services included therein, are provide on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. B. REQUESTATEXT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. C. RequestAtext expressly disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Website; (ii) regarding the goods, services, advice, information or links provided by any third parties or users; (iii) that the Website will meet your requirements; or (iv) that the Website will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Website shall create any warranty not expressly stated in these Terms of Use. D. RequestAtext assumes no responsibility for: (i) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (ii) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Website, including any injury or damage to you or to any person's computer related to or resulting from use of the Website. E. Under no circumstances shall RequestAtext be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, or from the conduct of any users of the Website, whether online or offline. F. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. 11. Limitation of Liability A. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, REQUESTATEXT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE WEBSITE OR THE INFORMATION. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL REQUESTATEXT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR THE INFORMATION, (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE OR THE INFORMATION, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE CONTENT, EVEN IF REQUESTATEXT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. B. RequestAtext shall assume no liability for any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to RequestAtext 's infrastructure or connectivity to the Internet, or failure of any third party distribution partner, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, RequestAtext will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE INFORMATION, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. 12. Indemnity You agree to defend, indemnify and hold harmless RequestAtext , its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Recommendations caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website. 13. Ability to Accept Terms of Use You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. 14. Entire Agreement These Terms of Use constitute the entire and exclusive understanding and agreement between you and RequestAtext regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral, between you and RequestAtext relating to this subject matter. You may be subject to additional terms and conditions that may apply when you use or access certain features of the Website. Last Updated: Current: August 22nd, 2008 Further Questions/Concerns If you have any questions or concerns at all arising from the RequestAtext service or need help of any sort please visit our contact page for further instructions to reach us. You can also send us an e-mail right away to legal@requestatext.com. Quick Links: Browse Our Deals |
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